Green v. Newport

Dist. Ct. erred in denying defendant-police officer’s motion for summary judgment in plaintiff’s section 1983 action alleging that defendant violated his 4^th Amendment rights by conducting stop and frisk of plaintiff without reasonable suspicion. While Dist. Ct. found that defendant’s investigatory stop of plaintiff outside of auto parts store violated plaintiff’s 4^th Amendment rights, Ct. of Appeals found that defendant was entitled to qualified immunity because he had reasonable suspicion to stop and eventually frisk plaintiff, where: (1) defendant was aware of report that car containing plaintiff was circling store parking lot near closing time, which he believed constituted act of “casing” said store; (2) defendant was aware that same store had been robbed within last two months at closing time; (3) driver of plaintiff’s car leaned into adjacent car’s window in act that defendant believed was disguising gun; and (4) plaintiff also acted like he was disguising weapon by failing to extend his arm after directed to do so. Also, plaintiff failed to establish that defendant’s actions clearly violated his 4^th Amendment rights, since cases cited by plaintiff for such proposition were distinguishable from instant factual setting.